By Memorandum Order entered by the Honorable Leonard P. Stark in SZ DJI Technology Co., Ltd. et al. v. Autel Robotics USA LLC et al., Civil Action No. 16-706-LPS (Consolidated) (D.Del. August 4, 2021), the District of Delaware granted Plaintiffs’ motion in limine No. 1 to preclude the trial testimony of certain fact witnesses
Pennypack factors
Judge Andrews Grants Defendant’s Motion to Strike Plaintiff’s Untimely Disclosed Theories of Patent Infringement in Opening Expert Report
By Gregory B. Williams on
By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring Plaintiff from asserting, and its expert from opining on (1) any theory under the doctrine of equivalents (“DOE”) other than for the…
Chief Judge Stark Overrules Plaintiff’s Objections and Adopts the Order of Magistrate Judge Hall Denying Plaintiff’s Requests to Strike and Preclude Use of Certain Evidence at Trial
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in 3Shape A/S v. Align Technology, Inc., Civil Action No. 18-886-LPS (D.Del. February 1, 2021), the Court overruled the objections of Plaintiff 3Shape contending that Judge Hall misapplied the Pennypack factors when she, by Oral Order dated January 9, 2021, denied 3Shape’s requests to…
Judge Andrews Allows Plaintiff to Supplement Its Damages Expert’s Previously Stricken Opinions Relating to Lost Profits and Reasonable Royalty in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Manufacturing Resources Int’l, Inc. v. Civiq Smartscapes, LLC et al., Civil Action No. 17-269-RGA (D.Del. September 30, 2019), the Court granted Plaintiff’s Motion for Leave to Supplement Its Damages Expert Opinion in the patent infringement action. Specifically, the Court permitted Plaintiff’s damages expert…
Judge Andrews Denies Defendant’s Motion to Exclude Supplemental Expert Report and Opinion of Plaintiffs’ Damages Expert in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in Bio-Rad Laboratories, Inc. et al. v. 10X Genomics, Inc., Civil Action No. 15-152-RGA (D.Del. November 2, 2018), the Court denied Defendant’s motion to exclude the Supplemental Expert Report and Opinion of Plaintiffs’ damages expert, James E. Malackowski, and preclude Plaintiffs from presenting lost…
Judge Andrews Grants Defendant’s Motion to Strike Plaintiffs Expert’s Reply Infringement Report With Respect to New Infringement Theory Asserted Therein
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in HSM Portfolio LLC, et al. v. Elpida Memory Inc., et al., Civil Action No. 11-770-RGA (D.Del., February 11, 2016), the Court, among other things, granted Defendant’s motion to strike (D.I. 1049) with respect to the new infringement theory for the ‘949 patent raised…